HOUSE RESOLUTION NO. 35

(By Delegates Sobonya, C. Miller, Overington,

                   Savilla, Household and Sumner)

Urging the Governor of the West Virginia to enter into a compact concerning citizenship.

    Whereas, Based on US Census data, some 340,000 children were born to illegal immigrants in the United States in 2008; and

    Whereas, According to the Pew Hispanic Center, unauthorized immigrants comprise slightly more than four percent of the adult population of the United States, and because they are relatively young and have high birthrates, their children make up a much larger share of both the newborn population (eight percent) and the child population (seven percent of those younger than age eighteen) in this country; and

    Whereas, According to current estimates, hundreds of thousands of illegal aliens are crossing United States borders to give birth and exploit their child as an "anchor baby," as a means to obtain residency, access taxpayer-funded benefits and steal American jobs for themselves and for their families at a cost to American taxpayers estimated to be $113 billion annually, or nearly $1,117 yearly per individual taxpayer; and

    Whereas, The House of Delegates believes federal, state and local governments should cooperate fully in their efforts to eliminate all economic attractions and incentives (including, but not limited to, public benefits, welfare, education and employment opportunities) for illegal aliens, as well as to secure our borders against unlawful invasion; therefore, be it

    Resolved by the House of Delegates:

    That the House of Delegates hereby urges the Governor into a

compact on behalf of the state with any one or more states who may by their legislative bodies, authorize a compact, in form substantially as follows:

    (1) The state shall make a distinction in the birth certificates, certifications of live birth, or other birth records issued in the state, between persons born in the state who are born subject to the jurisdiction of the United States and persons who are not born subject to the jurisdiction of the United States. Persons born subject to the jurisdiction of the United States shall be designated as natural-born United States citizens.

    (2) For the purposes of this compact, the phrase, “subject to the jurisdiction of the United States", has the meaning that it bears in Section 1 of the Fourteenth Amendment to the United States Constitution, namely that the person is a child of at least one parent who owes no allegiance to any foreign sovereignty, or a child without citizenship or nationality in any foreign country. For the purposes of this compact, a person who owes no allegiance to any foreign sovereignty is a United States citizen or national, or an immigrant accorded the privilege of residing permanently in the United States or a person without citizenship or nationality in any foreign country.

    (3) This compact does not take effect until Congress has given its consent, pursuant to Article 1, Section 10, Clause 3 of the 6 United States Constitution; and, be it

    Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor.